Household injury – paying for sick leave in 2024 has a number of nuances — one of the frequent reasons for contacting a doctor. How to calculate the allowance for domestic injury? When does the benefit amount decrease? We will consider the answers to these and other questions in the material below.
Features of hospital appointment in case of injury in everyday life
From the point of view of labor law, an injury sustained by a person outside his place of work is recognized as domestic. In turn, if it is obtained at work, it is considered as a production one. The way sick leave is paid for an injury sustained at work differs significantly from the standard payment for temporary disability.
Read about what distinguishes the payment of sick leave for work injuries in this material.
It is worth noting that not always one or another injury received by an employee may give him the right not to go to work. The fact of temporary disability is established by the doctor.
In some cases, decisions on disability are made by the medical commission .
It is quite possible that the doctor will consider that the person, despite the damage, can continue to work, and the sick leave for a domestic injury in this case will not be discharged. In this case, the doctor can issue a certificate, which will allow, if necessary, to certify the employee’s absence from work for a good reason: due to the fact that he was at an appointment in a medical institution.
Readabout what an employer should do when receiving a certificate instead of a sick leave.
But how is sick leave paid for a domestic injury, if it is still issued?
How is sick leave paid in case of an injury at home?
The algorithm for calculating and paying for sick leave by the employer in case of a domestic injury generally does not differ from the procedure for providing temporary disability benefits, which arose for other reasons (with the exception of an industrial injury). Payment for sick leave in case of a household injury is carried out in the same way as if a person received a disability certificate for a cold, that is, based on average earnings and taking into account insurance experience.
Read more about the stages of the procedure for calculating sick leave payments here.
We remind you! Since 2021, new rules for the payment of money on sick leave have been in effect. For more information, see our memo.
Example.
Artemenko A.Yu. received a certificate of disability for a period of 14 calendar days. The code “02” is indicated in the electronic disability certificate, which means that the employee’s disability is caused by a domestic injury unrelated to industrial accidents (paragraph 68 of the Procedure for issuing disability certificates, approved by Order of the Ministry of Health dated 11/23/2021 No. 1089n).Artemenko’s insurance experience is 5 years (the amount of sick pay is 80%).
The average daily salary for calculating sick leave is 1,580 rubles.
The amount of the daily allowance for temporary disability:
1,264 rubles (1,580 rubles x 80%).
The amount of the temporary disability allowance was:
- paid by the employer for the first 3 days: 3,792 rubles (1,264 rublesx 3 days);
- payable by SFR (FSS until December 31, 2022) 13,904 rubles (1,264 rubles
- as a result, the amount of the benefit amounted to 17,696 rubles (1,264 rubles x 14 days).
At the same time, the circumstances in which a citizen received a domestic injury, as well as the specifics of the employee’s treatment, may be important. They largely determine the amount of payment for hospital leave for an injury. Thus, there are a number of reasons for reducing the temporary disability allowance.
In which cases is the payment for sick leave reduced in case of injury?
The payment for sick leave in case of a domestic injury in 2024 is reduced if:
- The employee was injured due to alcohol intoxication.
This fact should be noted directly in the sick list: the doctor puts an additional code 021 in it.
In this case, the temporary disability allowance is paid based on the minimum wage.
- The employee violated the treatment regime.
This circumstance is also recorded in the disability certificate: it contains the code 23 in the column “A mark of violation of the regime”.
Similarly, the sick leave for a domestic injury in this case is calculated based on the minimum wage.
Read about the codes reflected in the disability certificate in the article “What do disability codes mean in the sick leave?».
In what other cases can a reduced disability allowance be paid?
Other grounds for reducing the payment of sick leave for domestic injury in 2024 should be considered in the context of general legal norms governing the appointment of temporary disability benefits. The reasons for the decrease may be:
- short employee experience;
- small employee salary.
But, one way or another, the hospital for an injury in everyday life cannot be paid in an amount less than the payment, which is calculated based on the minimum wage. And with an experience of less than 6 months, the accruals for sick leave cannot be calculated from an amount exceeding the minimum wage for 1 calendar month, regardless of actual earnings.
Read about determining the amount of sick leave as a percentage of salary.
IMPORTANT! If the calculated temporary disability benefit calculated for a full calendar month turns out to be lower than the minimum wage, for example, by reducing the coefficient of length of service, then the benefit must be calculated based on the minimum wage according to the formula (Part 6.1 of Article 14 of Law No. 255-FZ):
The amount of the benefit = minimum wage/Number of calendar days There are x Number of days of disability in a month.
For workers in the North and equivalent regions, the calculated value is adjusted for the district coefficient.
How to calculate the allowance based on the minimum wage, find out in thismaterial.
Results
Hospital leave for domestic injury in 2024 is calculated in the same way as for any other reason of disability (except for those caused by an industrial injury). In this case, the circumstances of a person’s injury may be of great importance. For example, a sick leave for an injury sustained as a result of intoxication is paid based on the minimum wage. Similarly, in case of violation of the treatment regimen by an employee.